I I FORTY YEARS AGO IN PLATTSEflOUTH Miouri IIiM'i A"ain. In district Court. B5gn8V4,ViJM'.'.ti2B The Mbsorri ;ac g, t by ;r.i last nlht rr. First Shovelful of Dirt Thrown on Burlington Road in Ne braska, July 5, 1869 r is kr"-;,ir.fi ur ;!.? r-t ( f nature, started on the uu- jgrale ni;aln. making the fourth rlso :f t this year, something out of the Ordinary. The ris last night wasithe latter wa9 ac'iuatnted with tbt , ' i.all, hut It is the starter for what Juuge Pemberton of Ccs trite Tues day hilj district (O'irt aud liarl the case of Clark vs. Fleishman et al. , having been called In by Judge Travis on account of the fact that A ppeclal from Lincoln, under ties were laid, followed by the Initial date of July 5, 1909, has the follow ing to say In reference to Platts mouth forty years ago: Forty years ago today ground was broken for the Burlington & Missouri rail way In Nebraska. It was at 11 o'clock In the morn ing of July 5, 1869, that the first shovelful of dirt was thrown at riattsmouth. The then pioneer town find stage fetation waB in gala rai ment and Rplrlts and several thou sand people, a ponderous crowd for a frontier settlement, had assembled to witness the event and participate in the attendant festivities. The late John Fitzgerald, who did so much toward girdling this part of the earth with railroads, had Just completed the making of the big' tut for the Hurllngton main lino at Glenwood, la., some tin miles east of Plattsniouth, and had come across to begin a contract for sixty miles of the' new lino In Nebraska. That hlxty mile was to begin at Platts mouth and extend to a point five miles west of Lincoln. It Is Raid that there Is now standing a post to mark the termination of that orig inal sixty-mile undertaking. Fitzgerald's big crew of laborers constituted a material part of the great assembly at Plattsmouth and every laborer in It was accorded sig nal attention and honor on thnt day by the proud people of Plattsmouth and Its surroundings. The men wire given the freedom of the city, and there was nothing too good for them. They were the heroes of the oc casion. Tom O'Connor, now In business In this city, and ever since that day a citizen of Nebraska, was one of the young men In the party and Is full of reminiscences of the primi tive celebration. He recalls the prodigal generosity of the PIntts mouthlans of 'fill with eonsldernb! enthusiasm, even to the distribution of barrels of whisky through the nd- Jncent groves, each with n tin ptnt cup attached, whereat anyono might slake his thirst and sloke up his en thuslnsm. There was plenty to eat and everything wh fre(. nnd wel come. Prayer uiul Whisky. li. rf . ii mi. u Liiiiiiur rerans innt it wns Mayor John Simpson of Plattsmouth wno threw the first shovelful of dirt. Prayers for the success of the undertaking had been uttered, but he Is unable to say which really did the most toward speeding the tre mendous project, the prayers or the whisky. Hut the whisky cut con slderabie llguro just at that time. After the mayor the shovel was manipulated by the mayor's wifi then his daughter, and then by Mr Fitzgerald. Following the latter Tom O'Connor took a hand nt tho shovel It was after a space of some f00 or 600 feet long had been cleared and leveled by tho shovelers that tho first rails and the driving of the first spike. It was the wife of the mayor who undertook to drive the first spike. Numerous bands played dur ing the ceremonies and there was plenty of shouting and singing. Labor waB at that time quite easily obtainable because of the fact that work on a big section of the Union Pacific had Just been completed and the men drifted toward the new works. Hence it was that in Just a year from the Initial work at Platts mouth the first excursion train was run to Lincoln over the new line, and the event was duly celebrated at this end on July 4. True, the line did not reach clear to Lincoln at that time, but It was within hailing distance. The grado bad reached this ity, but the track bad only been laid to Stevens creek, n point about, seven miles east of the city, w hero for many years afterward a sldo track station was called Newton. Travel on Flat Curs. It was in the early morning that train load of enthusiasts left Plattsmouth to tra verso the Platte valley to Stevens creek on flat cars. They were met at that point by peo ple from the capital city and es corted Into Lincoln In carryals. "I remember that there was a celebration here that day'snysTom O'Connor, "but I don't remember much about It. I do remember, how ever, that one of the first things 1 did was to go up to the old capitol build ing and chip oft a piece to send back to my old home In Pennsylvania. The capitol. was a frame building and easily chipped." It was shortly after that Fourth of July that the road was completed Into Lincoln, where It took thirteen or fourteen years to complete it Into Denver. For many years the main line did not touch Omaha. The trains of tho road were run across the river at Plattsmouth and up Ue Platte valley to this city, while stub train from Oreapolls, four or five miles from, Plattsmouth. con nected with Omaha. It was In the early '80s that tho line from Omaha to Ashland was built, what was long known us the Ashland cut-off. nnd mnln line trains were sent around through Omaha." Tom O'Connor recounts with great deal of pride his participation In tho Installation and construction of the Hurllngton in Nebraskn, with which ho was afterwards for four teen years connected as a conductor, no enumerates several other Lincoln peopio who were present nt the initial cremonles at Plattsmouth Among them Is Julius Pepperberg, the well known cigar manufacturer nt Eighth nnd O streets, who wn then In business In Plattsmouth. An other Is Ed McGeer. a farmer living near Duvey, and a man named Dul lonty, now living In Lincoln, who was one of the Fitzgerald force In that day. may develop into a big rise before it ends. Reports from up the river in dicate a rise of a foot or more al ready In sight, with heavy rains over the entire drainage basin of the .Missouri. There have been very heavy rains, causing floods In the moutalns, which will drain very largely Into the Platte, Yellowstone and upper Missouri, and If these all arrive together there is good pros pects for the river nearlng the dan ger line. Reports from across the river In dicate that the farmers In the bot toms below Pacific Junction have been having a lot of trouble controll ing Keg creek, which Is diked below that point for the protection of the farm lands. This dike has been threatening to break for several days on account of the high water from the recent heavy rains and farmers have been busy hauling material with which to strengthen it. From the morning papers it is learned thnt great property loss and some lives lost, has been the result of the rains and the resulting floods in Missouri, Kansas and points In Iowa. The floods have been espe cially severe In Misosurl, as will be seen by a glance at the telegraph pages In the Journal. Pattonsburg, Chllllcotho and many other towns of large size are under water, which Is still rising. Kansas Cltv is aeain threatened with a great flood from the rising Missouri and Kaw rivers, and a gloomy outlook seems In store for the people living In the lower valleys of the two rivers. Platts mouth people, after reading the ac counts of the loss and disasters which are overwhelming the other cities In the Missouri valley can now realize that they really are fortunate that their losses In past years by flood were no greater than they were. So far this year mntters In this line have not been bad here, although excessive rainfall has taken place on several occasions. The excellent ef fects of lowering the streets saved the city from one flood, and in that alone paid for Its cost. Our people can now sympathize with thore In other cities who are suffering. facta in the case and did not care to take charge of the hearing on iliat account. The entries of Judg j Fembertson in the case follow: The order entered on June 10. Is set aside and re-argument of the mo tion ordered. The motion to appress the deposition of ThoB. M. Howard overruled as the admissibility of the testimony of said witness will be passed upon In the trial of the c:e. Plalntll excepts to the order overrul ing said motion. Defendant demand j trial of Issues of fact to a Jury which U refused by the court for the reason that the defense set up In the fourth paragraph of the amended answer is wholly equitable and said paragraph virtually admits that the legal title to said land Is In the plaintiff. Yesterday Judge Pemberton and a Jury composed of Oliver C. Dovey, Charles Gerlach, Lyman James, G:o. Horn, Matt Jirousek, Dave Amick, Peter Campbell, Q. K. Parmele, V. 0. Ogden, J. F. llenninga, D A. Mlller.and Geo. W. Snyder, are hear ing the case of Lau against Hall. This Is a damage case in which Lau seeks damages in the sum of $10,300 tisaipst Hall for keeping a vicious stallion. The stallion Jumnad unon Lau who had entered Its presence tnd trampled him, Inflicting severe injuries to him. He alleges the ani mal was vicious and not properly looked after by Hall, its owner, who also failed to provide safe halters and other harness for restraining the ani mal. There is a vast array of wit nesses from Elmwood, Eagle and Alvo and that vicinity and the case will be sometime In trying. Lau is represented by Hon. Geo. V. Berge of Lincoln. A case filed with Clerk of the Court Robertson yesterday seeks a Judgment against the C. B. & Q. Ry. in the sum of $1,186 for dam ages to a stallion, horses and house hold goods which plaintiff had shipped from a point on the C. & N. W. Ry. to Cedar Creek. Plaintiff alleges that while the car Btood In the Plattsmouth yards on March 22, 1909, the servants and switchmen of the defendant snunted the car about with unnecessary violence so that the stallion was Injured so bad ly that it died and the remaining articles were also , put out of busl- Sxiew Land Chances! FLATHEAD INDIAN RESERVATION: Registcter at Kalispell, Moat. on the Great Northern Railway. C0EU?. D'ALENE RESERVATION: Register at Coeur d'Alene. Idaho (Buy tickets to Spokane.) SPOKANE RESERVATION: Register at Spokane, Washington. Registration dates July 15th to August 5th, inclusive. This is an other of the remainining few chances for this generation to ohtain good government lands. Call on nearest ticket agent for descriptive leaflet, showing conditions, excursion rates, train service, ect. The Burlington-Great Northern, Spokane and Seattle train takes ou through the wealth producing Wenatchee fruit country, and shows you the wonderful upper northwest empire; every mile is interesting. Bl'j HUKn BA3IN: A splendid choice of the government irrigated ands is still left to homesteaders in this fast growidg country. 320-ACRE M0NDELL LANDS: Thousands of acres of these lareer sized tracts are now available for free homesteading in eastern Wyom- , ing and are going fast. Trains to Curry Signs. Electric lighted signs displayed from the platform of tho rear end observation enr will hereafter blazon the course of two Burlington trains running between Lincoln and Chi cago. Tho public get Its first Rllmpso of them yesterday. "Bur lington Route" Is tho Inscription which one of tho signs will flash out to the world behind in its Journey. me inner is i nicago-iseurnsKa Lim Ited who ought to bo able to hold the Glenwoods down In good shape, while Glenwood Is equally strongln the box. The game promises to bo one of the best of tho season and deserves to bo witnessed by n big crowd. The Plattsmouth boys think they will take the visitors' scalp. Depnrts for Lot Angeles. T. S. Clifford departed this morn ing for Omnha, from which city, in company with District Deputy W. S. Canada, ho will proceed to Los An geles, Cnl., where he s a delegate to tho Grand Lodge of the B. P. O. E. Mr. Clifford. Is for J. U. Sammls of LeMars, la., for Grand Exalted Ruler. August (Garry) Hermann of Cincin nati, O., Is a candidate for the same position nnd a warm fight Is being waged for the honor. The eastern lodges seem to bo strongly for Her mnnn, while tho western and south ern lodges are for Sammls. Mr. Clifford expects to be absent for two weeks or so, nnd will visit In San Frnnclsco and Denver before his re turn. He has relatives on the coast with whom ho will make a short Islt. Tho GranJ Lodge at Los An geles bids fair to be the largest at tended and the most successful ever held In tho history oftheorder. Great preparations have been mnde for the entertainment of the guests and' the urn of $106,000 has been raised to see the program arranged is carried out. Several points on the route to tho coast have also made arrange ments to show visiting delegiktlons royal time, Including Salt Lake City, which has an elaborate program mapped out for all week for the en tertainment of delegations passing hrough the city. Detroit, Mich., will receive the next Grand Lodge. File Your Paper Tho candidates who yearn to serve Tho letters nro largo enough ithn ,,,0I,,, Public officers should to bo read easily 200 feet away In daylight and nearly as far at night. They aro pnlnted white on a red background, the whole being en closed In a Russia Iron fence about two feet square, painted blnck. Tho illumination at night Is furnished by four electric lights Inside of tho box like structure. Current Is supplied from tho Interior of tho car and can bo turned off or on at any time by moving a lever nt tho switchboard. In daylight or In darkness, tho signs will bo conspicuous. Stnto Jonrnnl. Will Play l ast Hull. 1 ho Glenwood imscnall team, one of tho speediest ball teams of West tern lown, and a team which has been given all comers good nnd plenty defeats, will play tho Plaits mouth team next Saturday, July 10 Tbla game ought to be a fust one, for both teams are now In fino fet tle nnd playing fast ball. PIntts- mouth bns a quartette of pitchers In Atkins, McCaulcy, Mason and Rlchey take due notice thnt the time for filing notice of their candidacy be fore tho primaries expires on Satur day, July 17. Tho law provides that all applications for places on the prl mnry tickets shall be filed thirty dnys before tho primaries, which are to bo held on the third Tuesday In August. There have been no appll cations filed so fur and verv little talk of any candidates In the field except those as printed heretofore In tho Journal. Some doubt exists as to whether tho candidates for county Judge, county superintendent and other offices covered by tho non partisan act of the last legislature should go on the primary ballot or not, as the mntter Is still In the Su pre mo Court. rlattsnioutli y. (.IchwimmI on Sat imliiy, June 10. A good ball gnme nikI two giMul tennis. Charles Miller, his son John, nnd John Miller of Omaha, who has been vlstlng with him, returned to Oruuh thlsaftr rnoon. To Construct Forty-Five Miles. Thigh Broken. A 7-year-old son of John Janci, living on Maiden Lane, near Rock street, yesterday had tho misfortune to have his thigh broken. The ac cldent occurred while tho llttlo fel low was attempting to get on a mov ing wagon. In company with his father ho had been watching the londlng of wood on n wngon, which tho father was driving to the house After seeing tho wagon loaded and wniio it was under way. the boy sought to climb on It. Ills leg was caught between tho spokes of tho re volvlng wheel and the thigh bones snapped In two. A surgeon was speedily summoned nnd the broken limb was set. Tho little fellow sm' fers Intensely from the pain, but It la believed the thigh will set nil rlent and thnt ho will eventually be out and about again. I Kurt l 'orgvt ThK Saturday evening, July 10th Philip MIM will give a barn dance at hi tome six miles west of Myarfl r.vcrycno is invited and a good time assured to all who attend. The Burlington has let a contract for the construction of forty-five miles of railroad from Thermopolls 0 a point n few miles west. of Sbo shonl, on the Northwestern'a Leander ine. McArthur Bros, of Omaha get he contract. This firm Is said to have reecntly bought much of the railroad machinery used formerly by Kllpntrlck Bros. fc Collins of Bent- rice. The cost of this line will be be tween $3,000,000 and $4,000,000. making It one of the most expensive pieces of railroad work In the west. This great expense Is caused In large measure by the fact that for eleven miles through th Big Horn gorge the line will have to be cut along th lodge of almost perpendicu lar jocks far enough above the water of the river that it may cross the Boysen dum now installed at the en trance to the gorge. Tho construction of the line be tween KIrby and Thermopolls Is now In progress. "We don't hear much about the Platte valley line these days," says a Burlington man, "but what do you suppose Jim Hill is spending millions for on lines In Wyoming that can bo made valuable only by being ronched by the low grade Platte volley lino, If he does not In tend to build that road? State Journal. Have Fino Time. A merry load of young men Sunday drove out to tho home of Geo, Meislnger, the third, and had a royal visit with this excellent gentleman and his estimable family. Thj party consisted of Messrs Victor Ander son, A. II. Koubek, Joe Liberslial and Frank Koubek and the boys returned more than delighted with the fine time shown them. Mrs. Melslnger had prepared splendid dinner for tho boys . and they did it ample Justlco feasting In only tho manner in which city men eat when they get up against real fine country dinner. They had every thing tho season afforded an It was all splendidly prepared. 1 tho evening they drove homo nfte a delightful day. tho two who ha driven out In tho front sent in th morning riding In tho rear seat com Ing back by tho simple expedient of changing tho buggy tongue from the front to the rear of tho buggy Anyway they say they did although It Is more prohablo the young Fprln chliken they had wrnt to tnolr head and merely made them think so. rii 1 11111111 II IIS! D. CLEM flFiVFR Renpnl f Z-SX.t'J ' "&"' MOITm SeektrS InformatioaBureau, Omaha, Neb. Brnntner Wins Case. Matthew Gering on Saturday re ceived a letter frim the Clerk of the Iowa Supreme Court stating that the case of Gilliland vs. Brantner for at torney's fees which had been pending In that court of appeals had been decided in favor of Mr. Brantner. The case was brought originally in Mills county by Shirley Gilliland, an attorney of Glenwood, who claimed Hen and attorney's fees against a udgment which Ed. Brantner of this city had -secured against the Burlington railroad for personal in- urles. Brantner had contracted with Gilliland to assist Matthew Gering In prosecuting the case, and agreed to pay him $200 for his services. Gilliland considered his services orth considerably more than this and sought to enforce his claim In court. The decision of the supreme court is a sweeping victory for Btantner, the court saying amonn other things the amount $200 is too low but If was the contracted prlco and must be accepted by Gilliland in full. A tender of this amount had been made Gilliland by Brantner at tbo trial In the lower court and, the court holds this was sufficient to throw the costs made after the tender or. Gilliland who thus loses his con- ntion and also the" costs. Matthew Goring represented Brantner In the cure and was pleased at the victory. Sees Mother Grow Young. it would be hard to overstate the wonderful change In my mother since she began to use Electric Bit ters," writes Airs. W. L. Gilpatrlck of Danforth. Me. "Although Dast 0 years she seems really to be growing young again. She suffered untold misery from dspepsia for 20 1 years. At last she could neither eat, drink or sleep. Doctors gave her up and all remedies failed until Electric Bitters worked such won ders for her health." They Invigor ate the vital organs, cure liver and kidney troubles, Induce sleep, mpart strength and appetite. Only 10c at F. G. Frlcke & Co. Submit Case to Jury. The case of Lau vs. Hall, which has been occupying the attention of Judge Pemberton and a Jury In dis trict court for several days, reached its conclusion this morning when it was argud and submtted to the Jury. The plaintiff in the use was rep resented by Attorney Matthew Ger ing of this city and Attorney W. Berge of Lincoln, while Attorney Byron Clark of this city looked after the interests of Mr. Hall. The en tire case, which was one for dam age for Injuries sustained by the plaintiff from defendant's stallion, was bitterly contested. The whole Issue seemed to be as to whether the defendant had exercised due care in keeping the animal and a delicate question arising as to what would constitute due care. The direct tes timony on the case seemed to leave the matter standing upon the evl flence of the plaintiff and defendant alone, although there weer many other witnesses upon various phases of the case. Matthew Gering opened the argu raen for the plaintiff and made a clear and logical presentation of his side of the case. Byron Clark fol lowed for the defendant and also presented the case for the defndant In an able and lucid manner. George W. Berge closed for the plaintiff and his argument was a good one, In thorough keeping with his establish ed reputation as an attorney and an orator. Judge Pemberton's Instructions were decidedly brief and to the point and almost wholly eliminated the evidence In the case save as out lined above. They were regarded a very fair by thos who had heard the case. The undersigned has about 40 acres of good grass to rent for pas turing horses only. Good running water and plenty of shade. One dollar per month per head. C. Bengen, 1 miles south of Plattsmouth. A Xlght Klder's ICaiil. The worst night riders are calo mel croton oil or aloes pills. They raid your bed to rob you of rest. Not so with Dr. King's New Life Pills. They never distress or Incon venience, but always chose the sys tem, curing colds, headache, Consti pation, Malaria, 25c at F. G. Frlcke & Co. Shorthorns for Kale. Three good registered Shorthorn yearling bulls for sale. Also good fresh milk cows. Mark White. r J these hot Summer days you need a shirt almost every day in the week. We have soft collar shirts in a soft thin silky ma terial, in six shades, white, tan, cream, gray, blue and pin k $1.25 and $ 1 .50 Values for $ 1 .00 In neckband shirts we have the famous Fergu sonMcKinney and Wilson Bros, brands at Si. 00 and $1.25. Manhattans at $1.50, $1.75 and $2.00 Glad to show you; we know you'll buy if you once look. 'Hit Home t lini, Schitfiixr it- Mtrx Cl'itlu. Jf.uiftu.'MM Shi,1g I 1 1 1 r! M 1 i , hi 4 i Jr X